#Exam 1- Criminal Courts Flashcards
What are the three classifications of offence
Summary
Triable either way
Indictable
What is a summary offence
Common assault
Driving without insurance
Where is a summary offence held
Magistrates
Where is a triable either way offence held
Either magistrates or crown court
An example of a triable either way offence
Theft
ABH
Property damage
Where is an indictable offence held
Crown court
What is an example of a indictable offence
Murder
Rape
Manslaughter
What is the pre trail procedure for deciding where a triable either way offence occurs
If D says not guilty they will go to the magistrates to where they decide whether they have enough power to accept jurisdiction. If not they are sent to crown. This is similar for someone who pleads not guilty
What does the magistrates court deal with ?
Summary offences
Triable either way offences and the hearing for indictable offences
When does the crown court deal with triable either way offences
When the magistrate decides the case is too serious and they don’t have enough sentencing powers
Who oversees trial at the crown court
Jury and judge
What do the jury do
Decide whether a defendant is guilty or not guilty
What does the judge do
Decides the sentence of the defendant as well as help with any point of law
Where do appeals from the magistrates go
The crown court or the administrative court if regarding a point of law
Appeals from the crown court go where
Go to the court of appeal
